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Grazing Fields Farm v. Goldschmidt

ELR Citation: 10 ELR 20533
Nos. No. 80-1076, 626 F.2d 1068/14 ERC 1785/(1st Cir., 06/25/1980) Rev'd

Reversing the district court, 10 ELR 20293, the First Circuit Court of Appeals rules that appellees inadequately considered alternative routes for a proposed highway segment in violation of the National Environmental Policy Act. Although the alternative alignment urged by appellants was examined in detail, the final environmental impact statement (EIS) for the project only refers to other studies of that alternative and lacks an independent discussion of it. The text of the Act, case law, and policy considerations mandate that a full discussion of alternatives be included within the body of the EIS. The case is remanded for further proceedings.

Counsel are listed at 10 ELR 20293.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.